People v. Evans
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gerges, J.), rendered May 10, 2007, convicting him of murder in the first degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
A witness’s out-of-court statements may be admitted as part of the People’s direct case where the People “demonstrate by clear and convincing evidence that the defendant, by violence, threats or chicanery, caused [the] witness’s unavailability” (People v Cotto, 92 NY2d 68, 75-76 [1998]; see People v Leggett, 107 AD3d 741, 741-742 [2013]). “Recognizing the…
2Cases cited16 opinions
- People v. CrimminsNew York Court of Appeals · 1975
- People v. BaldiNew York Court of Appeals · 1981
- People v. BeneventoNew York Court of Appeals · 1998
- People v. GallowayNew York Court of Appeals · 1981
- People v. AshwalNew York Court of Appeals · 1976
11 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- People v. LuggAppellate Division of the Supreme Court of the State of New York · 2015
- People v. KingAppellate Division of the Supreme Court of the State of New York · 2014
- People v. GrantAppellate Division of the Supreme Court of the State of New York · 2014
- People v. AmbrosioAppellate Division of the Supreme Court of the State of New York · 2020
- People v. LewisAppellate Division of the Supreme Court of the State of New York · 2023
2 more not listed; retrieve them via the Exa API.